Hijab Row: Kerala High Court Refuses To Stay For Now DDE's Order Permitting Muslim Girl To Wear Headscarf In School, Seeks State's Stand

The Kerala High Court has directed the State attorney to get instruction on a directive issued by the Deputy Director of Education (DDE), Ernakulam, asking St. Rita's Public School, a Christian management school affiliated with CBSE, to permit a Muslim girl student to attend classes wearing headscarf.

Justice V G Arun directed the State to get instructions in the matter, while refusing to grant interim order of stay.

While the counsel appearing for the school pressed for stay, the judge orally remarked that no coercive steps can be taken because it is a CBSE school.

"You know nothing could be done. I am not passing an interim order for the sake of passing one. Let the State Attorney get instructions," the judge added.

The petitioner-school had earlier approached the High Court seeking police protection for its management, staff, and students following alleged threats and mob intrusion related to the school's uniform policy, which was granted. 

In the present writ, the school argues that the Government of Kerala has not enacted any law permitting religious attire in schools and that enforcing such permission would undermine the secular and inclusive ethos of educational institutions.

The school contends that the Kerala Education Department's officers, including the DDE, acted beyond their jurisdiction in directing the school to allow deviation from its dress code, as St. Rita's Public School is a CBSE-affiliated, unaided minority institution.

The management argues that state education officers have no authority over the internal regulations of CBSE schools, which fall under the purview of the Central Board of Secondary Education.

The petition cites the 2018 Kerala High Court ruling in Fathima Thasneem & Another v. State of Kerala, which upheld that individual rights cannot override institutional discipline in matters of uniform.

The petition seeks the quashing of the DDE's notice, a declaration that state authorities lack jurisdiction over CBSE-affiliated schools, and an interim injunction restraining coercive action against the institution.

Case Title: Manager, St Rita's Public School v State of Kerala and Ors

Case No: WP(C) 38698/ 2025

Counsel for Petitioner: Bimala Baby, Magi Pavithran, Roshan Shaji, Remya Thomas, Jasmine Ligy